Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.
Summary
A03906 would add a new section to New York’s Civil Practice Law and Rules creating a statutory confidentiality privilege for communications between a client and a licensed mental health counselor, as well as advice given by the counselor in the course of professional employment. It also extends the protection to clerks, stenographers, and other employees working for the counselor or the counselor’s employer, preventing them from disclosing covered communications or advice.
The bill includes several exceptions. Disclosure would still be allowed if the client authorizes it, if the communication reveals contemplation of a crime or harmful act, if the client is a child under 16 and the information indicates the child was the victim or subject of a crime in a proceeding where that crime is at issue, or if the client waives the privilege by filing charges against the counselor involving confidential communications. It also states that authorizing disclosure for insurance purposes does not count as a waiver of the privilege, including disclosures to insurers, peer review committees, government entities, and self-insured plans.
Impact
The bill would expand New York evidentiary privilege law by expressly protecting licensed mental health counselor-client communications in court and other proceedings, placing these professionals on similar footing with other licensed mental health providers already covered by confidentiality rules. It would affect Civil Practice Law and Rules section 4552 and would limit when counselors and their staff can be compelled to testify or disclose client information, while preserving existing exceptions for safety, child-crime matters, and litigation against the counselor.
Sentiment
The available record shows no committee transcript and no recorded votes, so there is no documented debate or roll-call sentiment to assess. Based on the bill’s text and caption, the measure appears to be a privacy- and client-protection bill with a straightforward purpose, and there is no evidence in the provided materials of organized opposition or controversy.
Contention
The main points of potential contention are the scope of the privilege and the exceptions. Questions could arise over the crime-or-harm exception, the child-victim exception, and the rule that insurance-related disclosures do not waive the privilege, especially for insurers, peer review bodies, and government agencies. Another possible issue is whether extending privilege to counselors and their staff could limit access to evidence in civil or criminal proceedings, though the bill preserves several carve-outs.
Same As
Extends confidentiality privileges to certain communications to or from a licensed mental health counselor in the course of such licensed mental health counselor's professional employment, and to certain employees of such licensed mental health counselor; provides exceptions thereto.